Title
Sale of UP Land in Krus na Ligas to QC Gov't
Law
Republic Act No. 11454
Decision Date
Aug 30, 2019
Republic Act No. 11454 authorizes the University of the Philippines to sell certain parcels of land in Barangay Krus na Ligas, Quezon City to the Quezon City Local Government, subject to agreed terms and conditions, with ownership transferring only upon full payment within one year, and legitimate residents prohibited from selling their land to anyone other than legal heirs.

Legal basis; amendment to UP Charter

  • Section 1 authorizes an exception to Section 23 of Republic Act No. 9500, titled “The University of the Philippines Charter of 2008.”
  • The exception applies to the University of the Philippines (the “University”) and the Quezon City Local Government transaction involving specified UP-owned land parcels in Barangay Krus na Ligas, Quezon City (Section 1).
  • Section 7 repeals, amends, or modifies all other laws, rules and regulations inconsistent with Republic Act No. 11454.

Policy and purpose of the sale

  • Republic Act No. 11454 authorizes the University to sell specific parcels of land in Barangay Krus na Ligas, Quezon City to the Quezon City Local Government at a fair market price acceptable to the University (Section 1).
  • The authorized sale is designed to enable the Quezon City Local Government to fence the remaining UP property and transfer relevant areas to legitimate residents of Barangay Krus na Ligas (Section 3).

Coverage and authorized land parcels

  • The authorization applies only to certain parcels of land owned by the University situated in Barangay Krus na Ligas, Quezon City (Section 1).
  • The authorized area must not exceed twenty-two and four hundred sixty-seven thousandths hectares (22.467 has.) (Section 1).
  • The metes and bounds defining the parcels are set out in the Act, and the parcels identified by those metes and bounds include any University facility located in the area as determined by the University (Section 1).

Sale terms; when ownership transfers

  • The sale is an exception to the UP Charter rule in Section 23 and is allowed only to the Quezon City Local Government (Section 1).
  • The sale must be at a fair market price that is acceptable to the University (Section 1).
  • The sale is perfected only when the University is fully paid (Section 1).
  • Full payment must be made within one (1) year from the signing and execution of the agreement (Section 1).
  • No right of ownership or possession, and no other attribute of ownership, transfers to the Quezon City Local Government until the University has actually received full payment (Section 1).
  • The authorization is automatically revoked when:
    • the University and the Quezon City Local Government fail to agree on the terms and conditions of the sale within one (1) year from the effectivity of the Act; or
    • full payment is not received by the University, for whatever reason, one (1) year after the execution of the agreement (Section 1).

Defined metes and bounds; facility inclusion

  • The parcels authorized for sale are defined by the Act’s stated metes and bounds, including the listed lines, bearings, and distances (Section 1).
  • The Act’s boundary determination includes a stated reference to BLLM No. 1 Marikina to corner “1”, and identifies the related lot boundaries with bearings and distances (Section 1).
  • The area covered by the metes and bounds for sale includes any facility of the University located within the said area, as determined by the University (Section 1).

Additional sale conditions and resident restrictions

  • The sale is subject to other terms and conditions agreed upon by the University and the Quezon City Local Government (Section 2).
  • No land covered under the Act may be sold, alienated, or conveyed by legitimate residents of Barangay Krus na Ligas except to their legal heirs (Section 2).
  • If a legitimate resident unlawfully sells, transfers, or otherwise disposes of his or her lot or any right therein, the transaction is null and void (Section 2).
  • A legitimate resident who unlawfully disposes of the land loses the right to the land and forfeits the total amount of amortization paid thereon (Section 2).
  • If a legitimate resident dies before full ownership is vested, transfer to heirs takes place only upon assumption of the decedent’s obligations; otherwise, the land reverts to the Quezon City Local Government for disposition (Section 2).

Technical Working Group; fencing and resettlement

  • Upon transfer of ownership of the parcels from the University to the Quezon City Local Government, the Quezon City Local Government must immediately fence off the UP property to segregate it from the area sold under the Act (Section 3).
  • The Quezon City Local Government must subsequently transfer the segregated property to legitimate residents of Barangay Krus na Ligas (Section 3).
  • For this purpose, the Quezon City Local Government must create a Technical Working Group (Section 3).
  • The Technical Working Group must determine “legitimate residents of Barangay Krus na Ligas” based on long-standing residence evidenced by authenticated documentary and testimonial evidence and based on qualification to become subsequent buyers (Section 3).
  • For purposes of Section 3(a), “legitimate residents of Barangay Krus na Ligas” are those who, by themselves or through predecessors-in-interest, have had continuous possession and occupation of the same parcels in the concept of owner since time immemorial or for not less than thirty (30) years immediately preceding approval of the Act, and are uncontested by any resident of the same parcels (Section 3).
  • The Technical Working Group must assist the University in resettling all other settlers found in the remaining UP property adjacent to the parcels, with resettlement carried out at the expense of the Quezon City Local Government (Section 3).

Interagency Committee guidelines

  • The Quezon City Local Government must head an interagency committee composed of the University, the Department of Housing and Urban Development, and the National Housing Authority (Section 4).
  • The interagency committee must issue the necessary guidelines for the effective implementation of the Act (Section 4).

Tax exemption

  • The sale authorized under the Act is exempt from all taxes and impositions (Section 5).

Separability; repeal of inconsistent rules

  • If any part or provision of Republic Act No. 11454 is declared invalid or unconstitutional, the remaining parts not affected remain valid (Section 6).
  • All laws, rules, and regulations inconsistent with the Act are repealed, amended, or modified accordingly (Section 7).

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